DGM17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1922

DGM17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1922

The appeal failed because the airport apprehension claim and Facebook material were not shown to have been raised before the Tribunal, the Tribunal's adverse credibility findings were matters for it and were not shown to involve jurisdictional error, and although non-disclosure of the invalid s 438 certificate involved procedural unfairness, disclosure of the certificate and the two administrative documents could not realistically have produced a different Tribunal outcome.

Jurisdiction
Australia
Judgment Date
21 November 2019
Procedural Posture
Migration Appeal From the Federal Circuit Court Concerning Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of Protection Visas / Appeal Against Judgment of the Federal Circuit Court
Outcome
Appeal dismissed; notice of contention rejected; appellants ordered to pay the first respondent's costs of the appeal.
Legal Topics
['protection Visas' 'judicial Review' 'procedural Fairness' 'section 438 Certificate' 'credibility Findings' 'apprehended Bias' 'evidence Before the Tribunal']
['migration' 'administrative and Constitutional Law and Human Rights'] ['protection Visas' 'judicial Review' 'procedural Fairness' 'section 438 Certificate' 'credibility Findings' 'apprehended Bias' 'evidence Before the Tribunal']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Migration Appeal From the Federal Circuit Court Concerning Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of Protection Visas / Appeal Against Judgment of the Federal Circuit Court

Legal Issues

  1. 1 ['Whether the Tribunal was required to consider a claim that the appellants would be apprehended by airport police on return to Fiji' "Whether the Tribunal erred in rejecting the first appellant's credibility and claims of public criticism of Fijian authorities" 'Whether the Tribunal failed to consider social media or Facebook material said to show seditious intent' 'Whether non-disclosure of an invalid s 438 certificate and related documents amounted to jurisdictional error' 'Whether the primary judge erred in refusing relief after finding denial of procedural fairness']

Ratio Decidendi

The appeal failed because the airport apprehension claim and Facebook material were not shown to have been raised before the Tribunal, the Tribunal's adverse credibility findings were matters for it and were not shown to involve jurisdictional error, and although non-disclosure of the invalid s 438 certificate involved procedural unfairness, disclosure of the certificate and the two administrative documents could not realistically have produced a different Tribunal outcome.

Court Disposition

Appeal dismissed; notice of contention rejected; appellants ordered to pay the first respondent's costs of the appeal.

Orders

  • ['The appeal is dismissed.' "The appellants pay the first respondent's costs of the appeal."]